Position Title: Labour Migration Expert for Lesotho (International Consultant) Type of Contract: Consultancy Duration of Assignment: 20 April 2017 to 28 February 2018 (10 months) 1. Background Information: Lesotho like many other SADC countries has an ancient history of internal and external migration. Traditionally, male labour migration has constituted for the majority of migrant workers largely in the South African mines. However, Female labour migration has been on the rise in recent years with increasing numbers of women participating in both internal and cross border migration. Internal female migrants between the ages of 15 to 29 migrate from the rural areas towards the cities and industrial zones in the country in search of employment. Despite the massive retrenchments of its male migrant labour force from the South African mines since the early 1990s, Lesotho has retained its status as a net exporter of labour. In 2001 it was estimated that approximately 25% of Lesotho s population worked in South Africa s formal and informal sectors. The International Organization for Migration (IOM) aims to support the Ministry of Labour and Employment (MoLE) of Lesotho towards implementing labour migration programmes through a new project that entails the development of Bilateral Labour Agreement (BLA) Guidelines, Model and a National Labour Migration Policy Action Plan. The overall objective will be achieved through the following three outcomes: i) The Government of Lesotho (GoL) demonstrates increased capacity on labour migration management; ii) GoL bilateral engagement on labour migration management with a country of destination is strengthened including the development of a bilateral labour agreement guidelines and model; and iii) GoL has improved the implementation of the national labour migration policy through the development of the national labour migration policy action plan. Lesotho recognizes migration as one area in which opportunities for skilled and surplus labour may be explored and recently developed a draft Lesotho National Migration and Development Policy which covers 13 key areas of strategic interventions, of which Labour migration, Migration data management and Migration policy, form part thereof. This national labour migration project is designed to complement the IOM Development Fund (IDF) regional project that aims to bring together the selected SADC Member States in order to facilitate South-South labour mobility arrangements. In this regard, the goal is to ensure the protection of the fundamental human, labour, health and social rights of migrant workers, their families, and associated communities of origin and destination. This will entail gathering of strategic information for enhanced labour migration management through a comprehensive assessment, the development of BLA guidelines and model to address critical labour migration challenges confronting the GoL, and the development of an action plan to ensure that recently drafted National Labour Migration Policy is actionable once it is finalized. 2. Objective: The overall objective of this assignment is to support the MoLE of Lesotho towards implementing labour migration programmes through the development of BLA Guidelines, Model and a National Labour Migration Policy Action Plan. 1 P a g e
The specific objectives of the assignment are as follows: To conduct an in-depth analysis of existing legislation, policies, institutional structures and coordination mechanisms pertaining to labour migration in Lesotho and to provide recommendations in line with international good practices; and To develop and finalize an action plan to operationalize the implementation of the national labour migration policy in Lesotho. To develop and finalize BLA guidelines and model to guide the GoL on bilateral agreement engagement and processes. 3. Task/Job Description: Working Methodology a. Develop an overall work plan inclusive of methodology and make the necessary adjustments as per the comments to be provided. b. Conduct a comprehensive stakeholder s analysis to identify key role players responsible for labour migration management. c. Conduct an assessment of labour migration policies, practices, structures, legislation, and coordination mechanisms in Lesotho (Please see section I). d. Lead the process of the development of the National Labour Migration Policy Action Plan on the basis of current available data and information in close coordination with the TWG and under the direct supervision of the IOM Lesotho Project coordinator. e. Lead the process of the development of the bilateral agreement guidelines and model on the basis of current available data and information in close coordination with the TWG and under the direct supervision of the IOM Lesotho Project coordinator. (Please see section II). f. Conduct a two-day capacity building workshop with relevant stakeholders on Labour Migration Management, including the development and implementation of BLAs and labour migration policies; g. Facilitate a three-day stakeholders workshop on the revision of BLA guidelines, model and national labour migration policy action plan; h. Present, participate, and provide expert advice in technical working group (TWG) meetings and workshops with relevant government representatives and other key stakeholders from Lesotho. i. Undertake duty travel as necessary to complete the above mentioned tasks; and j. Perform such other duties pertaining to this assignment as may be assigned by the IOM Lesotho Project Coordinator. I. The labour migration management assessment (LMMA) should include the following elements: A. Data Collection and Analysis 1. Identify and take stock of existing data sources available on labour migration from internal sources in Lesotho, being provided with all the relevant data by relevant stakeholders who play a role or have interest in labour migration. 2. Analyse data collected to gauge the coherence and compatibility of data collection mechanisms in order to give a better overview of the current situation of labour migration into and from Lesotho. 2 P a g e
3. Assess the availability of data and data sources as well as the credibility of existing data to be able to ascertain the means and feasibility of bilateral agreements for the placement and matching of Basotho workers into labour markets. B. Institutional Structures and Inter-institutional Collaboration 4. Analyse the roles and responsibilities of existing institutional structures responsible for managing labour migration in Lesotho, including the scope and functioning of inter-ministerial and inter-institutional collaboration. 5. Provide recommendations on how to improve these structures and coordination mechanisms. C. National Legislative Basis and International Norms 6. Analyse current national legislation regarding the departure of national workers for employment opportunities abroad to identify potential gaps. 7. Examine existing bilateral and multilateral labour agreements involving Lesotho and to what extent such agreements are being implemented in an effective manner. 8. Ascertain the extent to which legal provisions prescribed in international conventions are in place and functioning, and where ratification has not taken place, assesses the obstacles and requirements for ratification. In particular, focus on any obstacles in the national legislation preventing access to employment. D. Regional Context 9. Examine good practices and lessons learned vis-à-vis labour migration in other countries in East and Southern Africa that have draft labour migration policies as well as those farther (e.g. the Philippines, Sri Lanka, India and others) and assess their applicability to the specific context in Lesotho. 10. Explore the extent to which labour migration policies, practices, structures, and legislation in Lesotho are in line with AU and SADC policy frameworks (e.g. AU Migration Policy Framework and Common Position on Migration and Development) and make recommendations accordingly. II. The National BLA Guidelines should include the following elements: 1. Review literature to establish the socio-economic and governance context, including best practices, pertinent to the development of BLAs by the Government of Lesotho and relevant stakeholders. 2. Conduct a rapid assessment to supplement the literature review in providing baseline information pertinent to the development of the BLA guidelines. The assessment will involve consultations with key informants in governmental and non-governmental entities in Lesotho. The consultant will collaborate with IOM Lesotho to identify key informants and collect the relevant data. 3. Informed by the literature review and rapid assessment, develop guidelines to support the development of BLAs by the Government of Lesotho and key stakeholders. The BLA guidelines will articulate key considerations for identification of priorities, conducting bilateral negotiations, recruitment of workers, protection of workers human and labour rights, operationalization of BLAs, and other variables pertinent to the facilitation of circular 3 P a g e
III. Deliverables: migration initiatives promotive of the social, economic, and labour rights of migrant workers from Lesotho. A. LMMA Report 1. The report should include an introductory section, the main findings identified, and conclusions and recommendations to address policy and legislative deficiencies. 2. A typed final version of the assessment report must be between 50 and 75 pages, giving a clear and detailed description of the current labour migration situation in Lesotho. B. National Labour Migration Policy Action Plan 1. A typed final version of the Action Plan must be between 12 and 15 pages, providing guidelines to the GoL on operationalizing the National Labour Migration Policy. 2. The action plan will include the following components: Executive Summary Introduction Strategic Objectives Gaps and Challenges Priority Areas of Intervention Stakeholder Roles and Responsibilities Timeframe Required Resources Conclusion C. BLA Guidelines and BLA Model 1. A typed final version of the BLA Guidelines must be between 20 and 35 pages, articulating steps for the development of BLAs by GoL. 2. At a minimum, the guidelines should include: Best practices and key considerations at every step of the process Lessons learned in countries of destination Essential elements Minimum employment standards Protection measures related to the social, economic, and labour rights of migrant workers 3. A typed final version of the BLA model must be between 3 and 5 pages The following annexes should be attached to the final documents: a. All notes from meetings with stakeholders, including a list of all respondents in consultations, interviews, and other meetings. b. All available statistics gathered in the course of the data/information collection and assessment process. c. All references and sources consulted. d. Any other material relevant to the assignment 4 P a g e
Deliverables Duration 1 Submit inception report in preparation for the LMMA, development of National Labour Migration Policy Action Plan, BLA Guidelines and 4 May 2017 Model 2 Conduct stakeholders consultations based on the stakeholders analysis developed at the TWG 8-12 May 2017 Labour Migration Management Assessment (LMMA) 3 Submit the LMMA Report to IOM Lesotho 16 June 2017 4 Travel and present to solicit feedback on the LMMA Report with the TWG and IOM Lesotho 20-21 June 2017 5 Submit LMMA Report, final draft to IOM Lesotho 30 June 2017 National Labour Migration Policy Action Plan Conduct a two-day capacity building workshop in Lesotho with relevant stakeholders on: 8-9 August 2017 6 Labour Migration Management Development and implementation of BLAs; and Labour migration policies 7 Submit the National Labour Migration Policy Action Plan draft to IOM Lesotho Project Coordinator 11 August 2017 8 Travel and present to solicit feedback on the action plan with the TWG and IOM Lesotho 25 August 2017 9 Submit action plan, final draft to IOM Lesotho 8 September 2017 Bilateral Agreement Guidelines and Model 10 Conduct consultations with TWG, relevant stakeholders and IOM Lesotho in preparations for BLA Guidelines and Model 5-7 September 2017 11 Submit BLA Guidelines and Model draft to IOM Lesotho 20 October 2017 12 Travel and present to solicit feedback on the Draft BLA Guidelines and Model with the TWG and IOM Lesotho 24 October 2017 13 Submit BLA Guidelines and Model, final draft to IOM Lesotho 7 November 2017 Stakeholders and Validation Workshops 14 Facilitate a three-day stakeholders workshop in Lesotho on the revision of: The LMMA, final draft; 5-6 December 2017 Action Plan, final draft; and BLA Guidelines and Model, final draft. 15 Submit all final documents of LMMA, National Labour Migration Policy Action Plan, and BLA Guidelines and Model to IOM Lesotho Project 12 January 2018 Coordinator. 16 Attend validation meeting and present developed materials 8-9 February 2018 5 P a g e
IV. Qualifications and Experience The successful consultant should have the following qualifications and experience: a. Advanced university degree in statistics, economics, demography, and/or social sciences. b. Extensive knowledge of labour migration, labour exporting and circular migration. c. Minimum of 10 years of relevant professional experience in academia, research institutes, think tanks, governmental, inter-governmental, or non-governmental organizations. d. Proven previous working experience consisting of substantial involvement in assessments, evaluations, and/or reviews in related areas. e. Working experience with senior officials within government, inter-governmental, and nongovernmental organizations. f. Full computer literacy, including familiarity with research and statistical tools. g. Proven capacity to supervise and coordinate all administrative and technical aspects of the consultancy. h. Excellent written and spoken English. i. Demonstrated ability to work in a multicultural environment and establish harmonious and effective relationships. V. Reporting Arrangements: The international consultant will report to the IOM Lesotho Project Coordinator with regular coordination with the TWG and the focal points from MoLE. The consultant will be required to engage in monthly calls with the Lesotho Project Coordinator and project assistant. Brief written bi-monthly progress reports will be submitted to the Lesotho Project Coordinator on the last day of each second month, starting from 30 June 2017, making a total of four progress reports (as indicated below). Bi-Monthly Progress Date Reports Progress Report 1 30 June 2017 Progress Report 2 31 August 2017 Progress Report 3 31 October 2017 Progress Report 4 31 December 2017 VI. Payment Schedule Total fee of USD 30,000, inclusive of all travel and related costs (flights, DSA, etc.), not subject to any deductions. 25 % upon submission of the inception report. 25 % upon satisfactory submission of the LMMA report final draft. 25 % upon satisfactory submission of the national labour migration action plan final draft. 25 % upon satisfactory submission of the bilateral guidelines and model final draft. 6 P a g e